Preliminary Plat Design Standards Final Plat Metes and Bounds
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CHAPTER 152: SUBDIVISIONS Section 152.00 Title 152.01 Intent and Purpose 152.02 Rules and definitions 152.03 Application of this chapter Preliminary Plat 152.10 Environmental documents and concurrent permits 152.11 Pre-Application Meeting 152.12 Preliminary Plat or Preliminary Condominium or “CIC” Plat Approval Requirements 152.13 Preliminary Plat or Preliminary Condominium or “CIC” Plat Approval Process Design Standards 152.20 Design Layout Standards; Minimum 152.21 Shared Driveways and Private Roads 152.22 Streets 152.23 Easements and Conveyances 152.24 Blocks 152.25 Lots 152.26 Drainage and/or Grading Standards Final Plat 152.30 Final Plat or Final Condominium or “CIC” Plat Approval Process 152.31 Final Plat or Final Condominium or “CIC” Plat Approval Requirements Metes and Bounds Divisions 152.40 Metes and Bounds Subdivision Approval Administrative Divisions 152.50 Lot Line Adjustments and Consolidations Park Dedication 152.60 Park Dedication to the Public, Standards Required Improvements 152.70 General Improvement Provisions 152.71 Survey Standards 152.72 Street Improvement Standards 152.73 Sanitary Provision Standards 152.74 Water Supply Standards Developer Responsibilities 152.80 Payment for Installation of Improvements 152.81 Required Agreement for Installation of Improvements 152.82 Financial Guarantee 152.83 Construction Standards Administration 152.90 Amendments 152.91 PUD 152.92 Variance to Subdivision Standards 152.93 Recording of Divisions 152.94 Administrative Fees CHAPTER 152: SUBDIVISIONS § 152.00 TITLE. This chapter shall be referred to and cited as The Breezy Point Subdivision Ordinance, except herein where it shall be cited as the “chapter”. § 152.01 INTENT AND PURPOSE. (A) This chapter is adopted for the purpose of: (1) Protecting the public health, safety, comfort, convenience and general welfare; (2) Effectuating the goals of the Comprehensive Plan and the Breezy Point Zoning Ordinance; (3) Promoting order in development by providing for subdivision of lands and buildings in accordance with the zoning districts of the city; (4) Providing for the administration of the provisions of the ordinance and defining the authority and duties of the Zoning Administrator, the Planning Commission, Board of Adjustment and City Council under this chapter; and (5) Providing standards and criteria for subdivision in the shore lands to preserve and enhance the quality of surface waters, conserve the economic and natural environment values of shore lands and provide for the wise use of waters and related land resources of the city. (B) Unless the council has approved a land subdivision in accordance with the standards set forth in this chapter, the city shall not issue permits for structures on such non-approved tracts. The council may refuse to accept and/or to improve, repair, or maintain tracts for streets, roadways, and/or easements unless so approved under this chapter. § 152.02 RULES AND DEFINITIONS. (A) Rules. For the purpose of this chapter, the following rules shall apply to the § 152.02 interpretation of the language used herein: (1) The word PERSON includes a firm, association, organization, partnership, trust, company, corporation or other legal entity as well as an individual; (2) The masculine gender includes the feminine gender and the neuter; (3) The singular includes the plural and the plural, singular; (4) The present tense includes the past and future tenses and the future, the present; (5) The word MAY is permissive; the word SHALL is mandatory. (6) All distances in feet shall be to the nearest one-one-hundredth of a foot, horizontally or vertically; and (7) In the event of a conflict between provisions of this chapter, other ordinances of the City of Breezy Point hereinafter referred to as city, and/or other ordinances, rules or regulations of any governmental body or governmental agency, that apply to the City of Breezy Point, the most restrictive provision shall apply. (B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning. ADMINISTRATOR/CLERK. The duly appointed person responsible for the administration of the city affairs. ARTERIAL ROAD. County roads that provide movement of traffic through the city. ATTORNEY or CITY ATTORNEY. The attorney duly appointed by the Council to represent the City of Breezy Point. BLOCK. An area of land bounded by streets, exterior boundary lines and/or bodies of water. § 152.02 BLUFF. (A) A topographic feature such as a hill, cliff or embankment having all the following characteristics: (1) Part or all of the feature is located in shore land area; (See SHORE LAND ); (2) A slope rises at least 25 feet above the ordinary high water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and (4) The slope must drain toward the water body. (B) An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff. BLUFF IMPACT ZONE. Land between the toe of bluff and the top of bluff. BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. BUTT LOTS, Any lot or lots, located at the end of block between corner lots. CITY COUNCIL. The duly elected governing body of the city. CITY SEWER or WATER SYSTEM. A system of municipally maintained utilities approved by the state and serving more than one building or property. COLLECTOR ROAD. Roads that collect local roads and provide for the movement of people and commodities to arterial roads. Also referred to as THOROUGHFARES . COMMISSIONER. The Commissioner of the Department of Natural Resources. § 152.02 COMMON INTEREST COMMUNITY or “CIC”. Contiguous or noncontiguous real estate within Minnesota that is subject to an instrument that obligates persons owning a separate described parcel of the real estate or occupying a part of the real estate pursuant to a proprietary lease, by reason of their ownership or occupancy, to pay for: (A) Real estate taxes levied against; (B) Insurance premiums payable with respect to; (C) Maintenance of; or (D) Construction, maintenance, repair or replacement of improvements located on one or more parcels or parts of the real estate other that the parcel or part that the person owns or occupies. CIC PLAT. A common interest community plat described in M.S. § 515B. as it may be amended from time to time. COMMON ELEMENTS. All portions of the common interest community other than the City of Breezy Point Subdivision Ordinance units. COMPREHENSIVE PLAN. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city. COOPERATIVE. A CIC in that the real estate is owned by an association, each of whose members are entitled by virtue of the member's ownership interest in the association to a proprietary lease. CONDOMINIUM OWNERSHIP. A form of ownership within a multi-owner building, or complex wherein the boundaries are defined by a condominium plat or CIC plat, in accordance with M.S. Chapters 515A and 515B, as they may be amended from time to time, or subsequent revisions. CROSS EASEMENT. A easement that provides for joint use between two parties such as for use in a shared driveway or access road. § 152.02 CONTROLLED ACCESS LOT. A riparian lot meeting the minimum ordinance standards for a lot suitable for building, owned by more than one owner in undivided interest, provided with facilities and used for access, and not containing a dwelling. CUL-DE-SAC. The circular turn around at the end of a street with only one outlet. DECLARATION. Any instrument, however denominated, including any amendment to the instrument that creates a common interest community. DOUBLE FRONTAGE LOT or Through Lot . A lot that has frontage on two parallel or approximately parallel streets; also called double-front lot. ENGINEER or CITY ENGINEER. The Engineer duly appointed by the Council to perform technical services for the City of Breezy Point. FINAL CONDOMINIUM or FINAL CIC PLAT. A drawing prepared by a registered land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of M.S. § 515A.2-110 and M.S. Chapter 515B, as they may be amended from time to time, and subsequent revisions. FINAL PLAT. A drawing prepared by a registered land surveyor depicting the subdivision of land and related information conforming to the requirements of M.S. Chapter 505, as it may be amended from time to time, and subsequent revisions. FLAG LOT. A lot with two distinct parts: (A) The flag, that is the only building site and is located behind another lot; and (B) The pole, that connects the flag to the street, provides the only street frontage for the lot and at any point is less than the minimum lot width for the zoning district. FLOODPLAIN. The areas adjoining a watercourse, intermittently or permanently flowing, that have been or will be covered by the runoff waters of a storm with a 1% chance of occurrence any year (100-year storm). FLOODWAY. The channel of the watercourse and those portions of the § 152.02 adjoining floodplain, that are reasonably required to carry and discharge the regional flood (100-year chance of occurrence). GREEN SPACE. Privately owned property permanently dedicated by covenant to vegetative ground coverage with allowance for use as recreational facilities, tree coverage, water course, water supply, sewage disposal and access. Public property dedicated to park, vegetation buffer, tree coverage or similar uses. LAKE CLASSIFICATION. The formal classification by the DNR of each body of public waters within the city.